California OAH special education order · January 19, 2018
Order Granting Motion to Consolidate
OAH Case No. 2018010512, 2018010057 · ALJ Judith Pasewark
OAH granted Student's unopposed motion to consolidate Student's and District's cases because both turn on the appropriateness of the same November 20, 2017 assessments and use the same witnesses and exhibits.
This case went to decision
Student v. Tustin Unified School District (consolidated): Tustin Unified's triennial assessment upheld with no IEE owed; Student's challenges to IEP goals and general education placement denied. (2018)
Summary
District filed a due process complaint against Student. About two weeks later, Student filed a complaint and asked to consolidate the two cases and continue District's hearing dates. District did not object, and OAH consolidated the cases because they share the same parties and common questions about the November 20, 2017 multidisciplinary assessments, and consolidation saves time. Student's case became the primary matter, so District's dates were vacated and the request to continue them was moot. The prehearing conference was set for March 5, 2018, the hearing for March 13, 2018, and the 45-day decision timeline now runs from the filing of Student's complaint.
Why it matters
When a district files first, for example to defend its assessments, a parent can file a related complaint and move to consolidate. If the parent's case becomes the primary matter, the hearing follows the parent's later schedule and the decision timeline runs from the parent's filing date.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018010512 v.
TUSTIN UNIFIED SCHOOL DISTRICT,
TUSTIN UNIFIED SCHOOL DISTRICT , OAH Case No. 2018010057 v. ORDER GRANTING MOTION TO
CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On January 3, 2018, Tustin Unified School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH Case No. 2018010057 (District’s Case), naming Student.
On January 16, 2018, Student filed a Request for Due Process Hearing in OAH Case No. 2018010512 (Student’s Case), naming District.1 On January 16, 2018, Student filed a Motion to Consolidate Student’s Case with District’s Case and to continue the due process hearing date set in OAH Case No.
2018010057 (District’s Case).
District does not object to the motion.
Consolidation Although no statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases, OAH will generally consolidate matters that involve: a common question of law and/or fact; the same parties; and when consolidation of the matters furthers the interests of judicial economy by saving time or Student’s request to continue the dates in District’s Case to the dates in Student’s Case are moot as Student’s case is now the primary matter.
preventing inconsistent rulings. (See Gov. Code, § 11507.3, subd. (a) [administrative proceedings may be consolidated if they involve a common question of law or fact]; Code of Civ. Proc., § 1048, subd. (a) [same applies to civil cases].)
Here, Student’s Case and District’s Case involve common questions of law and fact, specifically, the appropriateness of the November 20, 2017 multidisciplinary assessments.
District does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because both cases require the same witnesses and exhibits. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case No. 2018010057 (District’s Case) are
vacated.
3. This matter shall proceed on the dates in Student’s Case. The Prehearing
Conference in the consolidated cases shall be held on March 5, 2018, at 3:00 p.m.
and the Due Process Hearing in the consolidated cases shall be held on March 13, 2018, at 9:30 a.m. on the first day, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge. The last day to file a request for mediation is February 28, 2018.
4. The 45-day timeline for issuance of the decision in the consolidated cases shall be
based on the date of the filing of the complaint in OAH Case No. 2018010512 (Student’s Case).
IT IS SO ORDERED.
DATE: January 19, 2018
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings